Court Updates

Public Bodies Can Censure Fellow Board Members for Conduct that is Detrimental to the Best Interests of the Public Body

Under RSA 106-H:14 There is a Categoric Exemption for 911 Recordings from the Right-to-Know Law. This Exemption Applies Not Only to the Name, Number and Location of the Caller But Also to the Content of the Recording.

Under RSA 236:112 Property Inundated with Junk is a “Junk Yard” Even if the Owner is Not Selling Junk.

Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing.

Cell Tower Location Allowed Where a Gap in Wireless Service Exists.

To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected.

In Order to Reassess the Value of Taxable Property There Must be a Change in the Market Value; Discovery of an Extreme Underassessment is Insufficient

Housing Appeals Board Requires Planning Board to Revisit Decision on “Good Cause” to Extend Project Commencement and Completion Deadlines under RSA 674:39, IV

Equalization Ratios May be Applied to Fair Market Value Assessments of Electric Utility Property to Determine Appropriate Abatement

Notice to Abutter is Required when Abutter is “Directly” not “Diagonally” Across a Street; and Planning Board Condition that Approvals be Obtained from all Necessary Approving Bodies Validates Conditional Approval

Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally

Owner-Occupation Requirements in Local Zoning Ordinance Can Limit Impact of Short-Term Rentals on Local Real Estate Market

Select Board Decision Denying Reclassification of a Class VI Road as Class V Vacated and Remanded due to Improper Consideration of the Impact of a Residential Project

A Notice of Violation can Serve as the Initiation of an Enforcement Action and Also as the Basis for an Administrative Appeal

Planning Board Decisions Based on Zoning Regulations Must be Founded on Objectively Clear Zoning Non-Conformities

Written Legal Advice can be Subject to Disclosure under the Right-to-Know Law

Sullyville, LLC v. Town of Carroll

30-day Time Period for Appealing a Planning Board Decision is Calculated Starting with the Day after the Date of the Decision

A Late Filed Claim for a Charitable Exemption under RSA 72:23-c Not Supported by a Contemporaneous Claim of Accident, Mistake or Misfortune Properly Denied by Town

An Easement Exists Over a Discontinued Highway When the Easement is Reasonably Necessary for Access

Police Department Internal Affairs Reports Required to be Disclosed Under the Right-to-Know Law Even When the Underlying Allegations of Police Officer Misconduct are Unfounded.

The Exculpatory Evidence Schedule (a/k/a Laurie List) is Not Exempt from Disclosure as Police Personnel File under RSA 105:13-b, Nor is it Exempt Internal Personnel Practice, but Might be Exempt Since Disclosure Would Constitute Invasion of Privacy

Secretary of State Shall Forward Absentee Voter Registrations Forms Directly to Applicants and Can No Longer Refer Voters to City or Town Clerks

New Hampshire Supreme Court Affirms Discontinuance of a Road by a Town Pursuant to RSA 231:43.

City Mask Ordinance Legal Under New Hampshire Law